Legal Question in Real Estate Law in Tennessee

Property Liability

I own an unimproved lot in a resort/retirement community. The lot was purchased 30 years ago when all lots were unimproved. I made a special trip to locate and check the condition of the lot. While visiting the property, the homeowner on the adjacent lot informed me that a pine tree on my lot had been infested with wood destroying insects and that the tree may possibly fall in the direction of his home. He said I needed to have the tree cut down as soon as possible to protect his property against possible damage.

The questions are:

Would I be liable for any damage cause by the tree falling on his property?

Do I need to purchase some type of liability insurance for this unimproved property in case someone was injured while on my property?

Are there any other property liability situations that I should be aware of as an unimproved property owner?


Asked on 3/09/03, 8:05 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Property Liability

Would I be liable for any damage cause by the tree falling on his property? Now that you have been made aware of the diseased condition of the tree, yes, you could be liable.

Do I need to purchase some type of liability insurance for this unimproved property in case someone was injured while on my property? You should consult with an insurance agent to see what types of coverage are available.

Are there any other property liability situations that I should be aware of as an unimproved property owner? I think you have addressed the main possibilities; however, again, ask the agent

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Answered on 3/12/03, 3:35 pm
Marshall Snyder Law Office Of Marshall Snyder

Re: Property Liability

You would be liable for allowing your tree to decay and fall on your neighbor's property causing damage to the neighbor's house. If you do not have liability insurance on this vacant property, you should obtain a policy because without such a policy, you could be held personally liable for accidents occuring there.

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Answered on 6/24/03, 1:15 am


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